Apple Store

[western promise]

Someone bought me an iPod in November and last month it packed up.

 

I tried to return it to the Apple Store in Regent Street, where it was bought, and they refused to accept it. Instead they directed me to their website.

 

This takes you through a procedure whereby you are sent a replacement via UPS. You are required to give a credit card number, and if you don't return the defective product within 10 days you are billed for the replacement at full price. Fair enough - if they're going to send the replacement out before they've seen the dud, they're exposed to fraud. You have to accept a set of T & Cs around this to proceed.

 

So far, so simple...except it's not. First, they do not tell you that 'return' means 'return to the Netherlands, only via Apple's UPS courier collect service, with collection only from the address we delivered the replacement to".

 

They delivered to my home address and I didn't have the defective iPod there. I then went away on business, got back, and needed to return it by last Monday.

 

I then found that they won't collect it from my office address.

 

So I ring Apple to point out all this is unclear in their T & Cs, and can I please have either some extra time, or a collection from my office?

 

The answer, after 29 minutes and 16 seconds waiting on an 0870 number?

 

No. And no reason given except "the system's not set up to allow that". Oh, and they won't accept it back at the Apple Store. Nor will they provide me with a UK address to which I can send it, and nor will they allow any extra time to return the faulty product.

 

As far as Apple are concerned, they are quite entitled to refuse to accept the goods back at their shop and quite entitled to charge me for delivery if it comes back late. Their argument is that I agreed to all this when I accepted the T & Cs of their returns policy. My argument is that none of the above is clear, they have no right to impose additional terms to impede me from exercising my consumer right to a refund, and they are in any case being unreasonably inflexible. They had no answer to any of this.

 

I pointed out that if they charged me for the replacement of a defective product, after I have made reasonable efforts to return it including a personal visit to their shop, I would take them to the small claims court to recover any charge. Such contract terms seem to be to be very probably unenforceable.

 

At this, the manager refused to continue the conversation and hung up.

 

Does anyone know what the legal position is here? Is it legitimate in law to refuse to accept the goods back and to impose a further contract which cancels several of your rights under whatever the relevant consumer law is?

[podgydad]

How very odd, I've returned 2 iPods to the retail Apple Store and had replacments there and then. They must have changed the policy.

[western promise]

How very odd, I've returned 2 iPods to the retail Apple Store and had replacments there and then. They must have changed the policy.

 

How long ago? I may want to mention this to them in my letter before action.

[French William]

Hi WP,

 

Did you have receipt etc. for the iPod?

 

Also, please could you give me a link to the aple returns page?

 

Thanks,

 

FW

[podgydad]

It was the Apple Store in Birmingham and it was probably around last summer.

[western promise]

Hi WP,

 

Did you have receipt etc. for the iPod?

 

Also, please could you give me a link to the aple returns page?

 

Thanks,

 

FW

 

Yes, I had all the paperwork. They still refused to accept a return at the store (the London one).

 

The link they direct you to is http://depot.info.apple.com

[blueskies]

I believe they must accept returns to the store where it was purchased under the SOGA but even if they're not the must not unduly inconvenience you in it's return and by specifying an inconvenient collection address they are doing that.

 

iPods are well known for inherent faults and their customer service is terrible.

 

Despite being a gadget freak myself I have luckily avoided buying one and will not even consider them when the time comes to replace my MP3 player for something better.

 

Good luck with your claim.

[podgydad]

Just to let you know, I swapped an iPod mini on Sunday in Birmingham, seemed standard practice.